[HISTORY: Adopted by the Township Council of the Township
of Washington 2-3-2003 by Ord.
No. 03-1 (Ch. A252 of the 1985 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Commercial antennas — See Ch.
142.
Streets and sidewalks — See Ch.
433.
Pursuant to the provisions of N.J.S.A. 48:17-10, N.J.S.A. 48:17-11,
and N.J.S.A. 48:17-12, permission and consent is hereby granted Verizon
New Jersey Inc., (the "company"), its successors and assigns, to install,
operate, inspect, maintain, repair, replace and remove its communications
facilities and other transmission or process equipment, including
underground facilities, such as conduits, manholes, cables, wires,
and all other facilities appurtenant thereto, and aboveground facilities,
such as cables, wires, antennas, poles, posts, supports, guys, pedestals,
cable termination and distribution cabinets and all other facilities
appurtenant thereto, in, through, upon, alone, over, under, and across
all of the various public streets and ways, which include the roads,
avenues, rights-of-way, sidewalks, highways, bridges, waterways, and
other public places, and parts thereof, throughout their entire length,
and to effect the necessary street openings and lateral connections
to curb poles, property lines and other facilities in the Township
of Washington (the "Township") for said company's local and through
lines and other communications facilities in connection with the transaction
of its business. In the event that any public seat or way where the
company has facilities is vacated by the Township, the Township agrees
to reserve unto said company the rights granted the company by the
present ordinance.
All poles, posts, pedestals, cabinets, or other facilities shall
be located and placed back of the curblines where shown on the Official
Map(s) of the Township. The poles and posts, however, shall be located
within 18 inches of the face of such curbline or as may otherwise
be mutually agreed by both parties, or at the points or places now
occupied by the poles, posts, pedestals, cabinets or other facilities
of the company, its successors and assigns, and where there are no
curblines, at other convenient points or places in, upon, along, adjacent,
or across the public streets and ways as may be mutually agreed upon
between the parties.
A. The company may bury its local and through communications facilities
such as cables, conduit, manholes and associated equipment, fixtures,
process equipment and appurtenances within the right-of-way of the
various public streets and ways and at such locations as shall be
mutually agreed upon by the parties for said company's local
and through lines and communications facilities.
B. Underground conduits and associated facilities, as aforementioned,
shall be placed at least 18 inches below the surface of said public
streets and ways and with the exception of lateral branches to curb
poles and property lines and other facilities, the same shall generally
not be constructed more than 10 feet from the curbline, unless obstructions
make it necessary to deviate from such course or unless the parties
mutually agree to another location.
C. Manholes shall be located at such points along the line of underground
conduits as may be necessary or convenient for placing, maintaining
and operating the facilities, as aforementioned, which the company
may from time to time use in connection with its underground conduit
system and shall be so constructed as to conform to the cross-sectional
and longitudinal grade of the surface so as not to interfere with
the safety or convenience of persons or vehicles.
Before proceeding with any new construction or relocation work in an area covered by this ordinance, the company shall give prior notice in writing thereof to the Township, through its designated representative, of its intention to perform such work. The company shall obtain such street opening or excavation permits as may be lawfully required by any applicable ordinances regulating such openings or excavations. Any such area affected by the company in constructing its facilities shall be restored to as good condition as it was before the commencement of work thereon. No public streets or ways shall be encumbered for a period longer than that which shall be reasonable to execute the work. Anything to the contrary notwithstanding, the company shall comply in all respects with the provisions of all street opening ordinances in effect in the Township, including Article
IV of Chapter
433, Streets and Sidewalks, of the Code of the Township and any amendments thereto, including the posting of any required performance bonds. The company shall not perform any street openings or excavations on an emergency basis except in strict accordance with the provisions of such street opening ordinances in effect in the Township.
The company agrees to indemnify and save harmless the Township
from and against all claims and liabilities resulting from any injury
or damage to the person or property of any person, firm or corporation
caused by or arising out of road conditions resulting from any negligent
or faulty excavations, installation or maintenance connected with
the work or equipment of said company and not attributable to the
fault or negligence of the Township, except that if such injury or
damage shall be caused by the joint or concurring negligence or fault
of the company and the Township, the same shall be borne by them to
the extent of their respective fault or negligence.
Whenever a curbline shall be established on streets where one
does not now exist or where an established curbline shall be relocated
in order to widen an existing street in conjunction with road construction
being performed by the Township, the company shall change the location
of its aboveground facilities covered by this ordinance in accordance
with applicable law, so that the same shall be back of, and adjacent
to, the new curbline so long as the Township has acted in accordance
with applicable law and with reasonable care in establishing the new
curbline and providing notice thereof.
Any company or corporation having legal authority to place its
facilities in the public streets and ways of the Township may jointly
use the company's poles, post, pedestals or other structures
for all lawful purposes, provided the company consents to such use,
on terms and conditions acceptable to the company and not inconsistent
with the provisions of the present ordinance.
A. The company shall provide space, to the extent available, on its
poles so long as said poles are occupied by the company and space,
to the extent available, in its main conduits existing on the date
of passage of this ordinance, but not exceeding one duct of standard
size, for the sole benefit of the Township during the pendency of
this ordinance. Such space shall be provided for the exclusive use
of the Township, which use shall be limited to accommodating the wires
or electrical conductors required for one-way signal control in connection
with municipal police patrol, fire alarm systems control end traffic
signal control systems only; but for no other uses or purposes, either
alone or in conjunction therewith; nor for circuits for the supply
of electrical energy for traffic or other signals; nor for wires,
conductors, cable or the equivalent which provide a means of transmitting
any signal to a private, commercial or residential location, and which
its normally provided by a nongovernmental supplier; provided, further,
that no such use or attachment by the Township shall interfere with
the plant or facilities of or the use thereof by the company. All
costs or expenses incurred by the company in connection therewith
shall be paid by the Township. It shall be the obligation of the Township
to attach its wires to the poles or place its electric conductors
in the conduits or manholes of the company, provided that before proceeding
with said work, either by itself or by a person, firm or corporation
engaged to perform such work, the Township shall give the company
30 days' notice in writing. All such work shall be performed
under the supervision of said company.
B. The Township will indemnify and save harmless the company from and
against all claims, liabilities or demands arising in any manner in
connection with the Township's wires or facilities or their installation,
maintenance, operation or removal or the Township's use or enjoyment
of the company's plant or facilities provided under this section.
If any or all of the said streets or ways are later taken over
by the County of Bergen or the State of New Jersey, such county or
state shall have such rights and privileges and be subject to the
same terms, conditions and limitations of use as apply herein to the
Township; provided, however, that satisfactory prior arrangements
as may be necessary are made with the Township and the company for
the full protection of the respective interest of each.
The term "Township" as used in this ordinance shall be held
to apply to and include any form of municipality or government into
which the Township or any part thereof may at any time hereafter be
changed, annexed, or merged.
The permission and consent hereby granted shall apply to and
cover all communications facilities of the company existing at any
time, and related structures, process equipment, and appurtenances
theretofore or hereafter erected, constructed, reconstructed, removed,
located, relocated, replaced, maintained, repaired or operated by
the company, its predecessors, successors, or assigns within the Township.
This ordinance shall cancel and supersede all prior consent ordinances
between the Township and the company regarding the subject matter
hereof.
The company shall maintain its property within the Township
and shall comply with applicable law for the provision of safe, adequate
and proper service at just and reasonable rates, and safeguard the
public interest of continuous and uninterrupted service within the
Township.
In the event that any provision herein shall for any reason
be illegal or unenforceable under applicable law, such illegality
or unenforceability shall not affect any other provisions of this
ordinance, and this ordinance shall be construed as if such illegal
or unenforceable provision(s) had never been contained herein.
The company shall pay the expenses incurred for advertising
required in connection with the passage of this ordinance, after the
date of its further reading, within 30 days after the company has
received a bill for said advertising from the publisher. Following
final passage of this ordinance, the Township Clerk shall provide
the company with written notice thereof certified mail. As provided
by applicable law, this ordinance and any subsequent amendments shall
not become effective until acceptance thereof by the company and approval
thereof by the Board of Public Utility Commissioners.
Anything to the contrary notwithstanding, the company shall
be subject to and shall comply with all ordinances, resolutions, rules
and regulations of the Township.
Anything to the contrary notwithstanding, nothing herein shall
preclude or interfere with the right of the Township to grant similar
rights to other telecommunications companies.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this ordinance.
All ordinances or any provisions of any ordinances inconsistent
with the provisions of this ordinance are hereby repealed as to such
inconsistencies and not otherwise.
This ordinance shall take effect upon final passage and publication
and in accordance with the Charter and subject to such emergency resolution
as may be adopted pursuant to § 17-32 thereof. [N.J.S.A.
40:69A-181(b)].